Divided 5th Circuit ruling casts doubt over next Pinnacle trial

A divided federal appeals court denied Johnson & Johnson subsidiary DePuy’s petition to halt proceedings in an upcoming trial over the company’s Pinnacle hip implants, but also said the district judge “clearly abused” his discretion.

DePuy had asked the circuit judges for a writ of mandamus to block Dallas U.S. District Judge Ed Kinkeade from presiding over a trial starting Tuesday. Kinkeade is overseeing a multidistrict litigation over Pinnacle implants that has some 9,300 cases pending.

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